Buncum’s appeal for permission to appeal to Her Majesty in Council dismissed...but granted stay of execution

By Terresa McCall
Reporter-SKNVibes.com

Romeo 'Buncum' Cannonier

Cannonier, who was sentenced to death for the shooting-murder of Police Constable Delvin  Nisbett, appeared before the Court of Appeal on Friday morning asking for permission or leave to appeal to the Privy Council.

Cannonier’s counsel, Reginald W. James, in addressing the Justices of Appeal, informed that the motion filed by his client is to seek constitutional leave of the Court of Appeal to make an appeal to the Privy Council against the decision of the Court of Appeal made on October 30, 2008. That decision upheld the conviction and sentence imposed on him by the High Court of Justice.

James argued that the appeal is based on his client’s “unqualified right to life”, stating he [Cannonier] is merely asking the court to allow him that “right (which is) enshrined in our Constitution”, to make an appeal to a higher court.

He based his argument on Section 99 of the Constitution of St. Christopher and Nevis, referred to as “Appeal to Her Majesty in Council”.

The presiding Justices, based on that same section, specifically Sub-section three which says, “An appeal shall lie to Her Majesty in Council with the special leave of Her Majesty from any decision of the Court of Appeal in any civil or criminal matter”, decided that they have no jurisdiction to grant such leave but rather, that jurisdiction lies with Her Majesty in Council itself.

James made an application for a two-week stay of execution in order for him to file the necessary papers seeking special leave from Her Majesty in Council to apply to that court.  ~~Adz:Right~~

Cannonier, along with Sheldon ‘Hatcher’ Isaac, Reudeney ‘Denny’ Williams and Louis ‘Tooloo’ Gardner, was also sentenced to death for the shooting death of Gavin ‘Magilla’ Gilbert.

At Friday’s sitting, Williams’ lawyer, Jason Hamilton, asked the court that a 28-day stay of execution be granted rather than two-weeks. His reason was that his client is seeking funding to proceed at the next level and such funding has not yet materialised.
 
The Justices of Appeal ordered that the application for special leave of that court to appeal to Her Majesty in Council be dismissed and, in light of the argument proposed by Hamilton, a 30-day stay of execution be granted. This will expire on February 16, 2009.

Regarding Cannonier and his co-convicts, applications made on their behalf for leave to appeal to Her Majesty in Council were dismissed by the Court of Appeal but they were each granted a stay of execution.  They too, expire on February 16, 2009.

This is the second stay of execution granted the men since sentenced to death.  The first was granted in October 2008 after their appeal for “leave to extend time” was dismissed.